Bill Text: NY S08391 | 2019-2020 | General Assembly | Introduced

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Bill Title: Protects addiction service providers from liability during a public health emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-21 - REFERRED TO HEALTH [S08391 Detail]

Download: New_York-2019-S08391-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8391

                    IN SENATE

                                      May 21, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend  the  public  health  law,  in  relation  to  protecting
          addiction  service  providers  from  liability  during a public health
          emergency

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 3080 of the public health law, as added by section
     2  1 of part GGG of chapter 56 of the laws of 2020, is amended to  read  as
     3  follows:
     4    §  3080. Declaration of purpose. A public health emergency that occurs
     5  on a statewide basis requires an enormous response from state and feder-
     6  al and local governments working in  concert  with  private  and  public
     7  health  care  providers in the community. The furnishing of treatment of
     8  patients during such a public health emergency  is  a  matter  of  vital
     9  state  concern  affecting  the  public health, safety and welfare of all
    10  citizens. It is the purpose  of  this  article  to  promote  the  public
    11  health,  safety  and  welfare  of all citizens by broadly protecting the
    12  health care facilities [and], health care  professionals  and  addiction
    13  service  providers  in  this  state  from liability that may result from
    14  treatment of individuals with COVID-19 under conditions  resulting  from
    15  circumstances associated with the public health emergency.
    16    §  2. Section 3081 of the public health law is amended by adding a new
    17  subdivision 9 to read as follows:
    18    9. The term "addiction service provider"  shall  mean  a  health  care
    19  professional  who is licensed to provide behavioral health and substance
    20  use services by the office of addiction services and supports.
    21    § 3. Section 3082 of the public health law, as added by section  1  of
    22  part  GGG  of  chapter  56  of  the  laws of 2020, is amended to read as
    23  follows:
    24    § 3082. Limitation of liability. 1. Notwithstanding  any  law  to  the
    25  contrary,  except  as  provided  in subdivision two of this section, any
    26  health care facility [or], health care professional or addiction service
    27  provider shall have immunity from any liability, civil or criminal,  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16402-01-0
        S. 8391                             2

     1  any harm or damages alleged to have been sustained as a result of an act
     2  or  omission  in  the  course  of arranging for or providing health care
     3  services, if:
     4    (a)  the  health  care  facility  [or],  health  care  professional or
     5  addiction service provider is arranging for  or  providing  health  care
     6  services  pursuant  to a COVID-19 emergency rule or otherwise in accord-
     7  ance with applicable law;
     8    (b) the act or omission occurs in  the  course  of  arranging  for  or
     9  providing  health  care  services and the treatment of the individual is
    10  impacted by the health care facility's [or], health care  professional's
    11  or  the addiction service provider's decisions or activities in response
    12  to or as a result of the COVID-19 outbreak and in support of the state's
    13  directives; and
    14    (c) the  health  care  facility  [or],  health  care  professional  or
    15  addiction  service  provider  is  arranging for or providing health care
    16  services in good faith.
    17    2. The immunity provided by subdivision one of this section shall  not
    18  apply  if  the harm or damages were caused by an act or omission consti-
    19  tuting willful or intentional  criminal  misconduct,  gross  negligence,
    20  reckless  misconduct,  or  intentional  infliction of harm by the health
    21  care facility  [or],  health  care  professional  or  addiction  service
    22  provider  providing  health care services, provided, however, that acts,
    23  omissions or decisions resulting from a resource  or  staffing  shortage
    24  shall  not  be  considered to be willful or intentional criminal miscon-
    25  duct, gross negligence, reckless misconduct, or  intentional  infliction
    26  of harm.
    27    3.  Notwithstanding  any law to the contrary, a volunteer organization
    28  shall have immunity from any liability, civil or criminal, for any  harm
    29  or damages irrespective of the cause of such harm or damage occurring in
    30  or  at  its facility or facilities arising from the state's response and
    31  activities under the COVID-19 emergency declaration  and  in  accordance
    32  with  any  applicable  COVID-19 emergency rule, unless it is established
    33  that such harm or damages were caused  by  the  willful  or  intentional
    34  criminal  misconduct,  gross  negligence, reckless misconduct, or inten-
    35  tional infliction of harm by the volunteer organization.
    36    § 4. This act shall take effect immediately.